ECJ Case T-183/10 – GC sets the bar very high on Authority’s duty to give reasons

The official report on this case has not yet been released and so we are indebted to Public Law Blawg for the translation of extracts from the Judgement into English.

This was a challenge to a decision made by the Commission to exclude the Claimant from a procurement process. The striking issue for Authorities is the extremely high standard set by the court in terms of the reasons put forward in support of the decision to exclude.

One in intended consequence may well be that authorities withdraw even further into their shells and disclosure of information is restricted, for fear of challenge, rather than improved….

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